In re Comerford

Palm Beach County Circuit Court

In re Comerford

8 Fla. Supp. 21

CourtCircuit Court of the 15th Judicial Circuit of Florida, Palm Beach County

DecidedSeptember 26, 1955

StatusPublished

This text of 8 Fla. Supp. 21 (In re Comerford) is published on Counsel Stack Legal Research, covering Circuit Court of the 15th Judicial Circuit of Florida, Palm Beach County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Comerford, 8 Fla. Supp. 21 (Fla. Super. Ct. 1955).

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Opinion

JOSEPH S. WHITE, Circuit Judge.

This cause was heard upon an appeal from orders entered by the county judge in the guardianship of William Chester Comerford, Jr. and James Russell Comerford, minors, and argument of counsel.

It is the view of the court that under present statutes of this state applicable to guardianship of minors, the guardian receives his power from the order of the county judge rather than from a testamentary document, and that the county judge has a discretion in the appointment of a guardian for a minor. The appointment of a testamentary guardian is not binding upon the county judge. See sections 744.33, 744.34, 744.35 and 744.40, Florida Statutes 1953.

The said orders of the county judge are affirmed, with court costs taxed against the appellant.

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JOSEPH S. WHITE, Circuit Judge.

This cause was heard upon an appeal from orders entered by the county judge in the guardianship of William Chester Comerford, Jr. and James Russell Comerford, minors, and argument of counsel.

It is the view of the court that under present statutes of this state applicable to guardianship of minors, the guardian receives his power from the order of the county judge rather than from a testamentary document, and that the county judge has a discretion in the appointment of a guardian for a minor. The appointment of a testamentary guardian is not binding upon the county judge. See sections 744.33, 744.34, 744.35 and 744.40, Florida Statutes 1953.

The said orders of the county judge are affirmed, with court costs taxed against the appellant.

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Bluebook (online)

8 Fla. Supp. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-comerford-flacirct15pal-1955.